How To Find Out if a Will Exists: A Full Guide

Editor's note: This post was originally published October 20, 2024, and has been updated for accuracy, comprehensiveness, and freshness on February 23, 2026.

When someone dies, their loved ones have to deal with the aftermath. And an already difficult time becomes even more complicated if the deceased person didn’t leave a Will, or you can’t find it. 

To ensure the deceased’s wishes get carried out, locating their Will is the first step. In this guide, we’ll discuss how to find out if a Will exists and what to do if you can't locate it.

What is a Will and when does it become public?

A Will is a legal document that details how a person's assets should be distributed after their death. Assets include things like property, money, and possessions. 

There are many reasons you need a Will, but primarily, everyone needs a Will because:

• A Will ensures that your final wishes are carried out: A Will ensures that the things you have worked hard for in life will pass on to people in the way you want. It can also prevent your family from fighting about your assets. Additionally, instructions for your Will can include wishes for your burial and funeral.
• A Will prevents intestate succession: If you don’t have a Will, your assets may be distributed according to your state’s intestate laws. These laws dictate who can inherit what and in what order. 

To get a Will in place, you will want to consult with an attorney to ensure everything is correct and binding. When major life events occur, like a marriage or divorce, you may change your mind about who you’ll want to inherit from your estate. You can (and should) update your Will regularly.

If you want certain information to remain private for the time being, you may wonder whether Wills are public record. The short answer is that they become public when the person dies if their estate goes through probate. 

However, not all estates go through probate. There are ways to avoid it, like setting up a trust. A lawyer can tell you more about ways to keep your estate out of the public record.

What information do you need before starting a search?

To find out if a Will exists, you will need to have the deceased’s full legal name, date of birth, date of death, and last known place of residence. You will also need a death certificate and your photo ID.

How to locate a Will: step-by-step

When writing a Will, your loved one likely had clear instructions in mind. But these instructions won’t help your family if you can’t find them! 

This step-by-step guide provides more information about how to find out if a Will exists, and if it does, how to find someone’s Will. While most of these steps are free, some may have a fee to obtain or search for a Will.   

If you are not an executor, personal representative, or named in the Will as a beneficiary, not all of these steps will be available.  

1. Check personal storage and digital vaults

It may seem obvious, but one way to find a Will is to simply look for it. Check physical and digital spaces, like your family member’s home, in-home safe, safe deposit box, computer, and digital storage.

2. Contact a lawyer 

If you are the executor of the Will, the deceased’s representative should be able to tell you if they made a Will and how you can get a copy. If you don’t know who your loved one's lawyer was, or if they even had one, you could ask estate planning law firms in their area. 

Another way to find out if a Will exists is by waiting to see if the executor contacts you. If you’re named in the Will as someone who stands to inherit, the executor should reach out to you after the death of the person who created the Will. 

In most cases, the person executing a Will should have a copy of it. The executor could be a lawyer, financial planner, or a family member or friend. 

3. Search probate court records

If the executor hasn’t contacted you, or if you’re unsure who the executor is, try contacting the county probate court. The probate court is where Wills are filed after someone dies. 

You can call or visit the deceased’s local county probate court and ask if there is an open probate case for the deceased person. There is usually no charge for this service.

4. Use free online registries and archives

There are ways to find out if a Will exists by searching the internet. Here’s how to find the Will of a deceased person online:

1. Check the U.S. Will Registry: This national registry allows people to register the location of their Will, but not a copy of the Will itself. If your loved one registered, the database will have contact information for the lawyer, bank, or individual who has the Will. 
2. Check county probate court websites: You may be able to save yourself a trip or phone call to the probate court offices by searching the court’s website. However, not all counties in all states will have information about Wills available online. 
3. Check digital storage: The deceased may have a copy of their Will on their computer or stored to a cloud, like iCloud or Google Drive. 

How to obtain a Will from the court

If you learn that the probate court has the deceased person’s Will, you can request to view it or ask for a certified copy. Obtaining a copy typically involves a cost.

If you contact the court clerk to ask about an open probate matter or to ask questions, you will need to provide the deceased’s name and date of death. The clerk can use this information to find a probate case number. You can then use this number to obtain the Will. If you have problems getting the Will from the court, you can speak with a lawyer.  

What to do if there is no Will

If a Will does not exist, the deceased’s estate is considered “intestate,” which just means that assets will be distributed according to state laws. For example, your state may stipulate that a part of the inheritance goes to the deceased’s spouse, and their children split the rest. 

If the deceased has no living spouse, children, or other relatives, intestate succession could result in the state taking control of their assets. 

Create your Will with LegalShield

Learning how to find out if a Will exists is actually very simple. Once you locate the Will, LegalShield can also guide you through the next steps. Of course, if you want to learn more about how to create a Will, we can help with that, too. 

LegalShield makes estate planning accessible and affordable. Now everyone can protect their assets with the help of a lawyer. Get started today with a Personal Legal Plan and create the perfect Will for your estate.

Frequently asked questions

You may have more questions about Wills and how to find out if a Will exists. Here are some answers to commonly asked questions.

How to find a physical copy of a deceased person’s Will?

To find a physical copy of a deceased’s Will, check the deceased person’s home, office, filing cabinets, safes, or safe deposit boxes. 

You may also be able to get a physical copy of a Will through the probate court, the deceased’s lawyer, or the executor of the deceased’s estate. 

How do I search for a Will online?

There are several ways you can search for a Will online. You could check the U.S. Will Registry to see if the deceased has registered where to find a copy. You could also search the probate court’s website, if possible. Finally, you could see if the deceased has a digital copy on their computer or in the cloud. 

How to check if someone left you something in a Will?

Typically, if someone left you something in a Will, their executor or lawyer will contact you. If you don’t hear anything and want to check yourself, you could reach out to them, the deceased’s family, or the probate court. 

Can someone hide a Will from you?

Someone could hide a Will from you after a deceased’s death, but doing so is usually illegal. In most states, it’s against the law to withhold an original Will from the probate court. 

Illegally hiding a Will could lead to criminal liability or a civil lawsuit. It could also cause the person who hid it to be barred from receiving an inheritance. 

Next steps after finding a will?

Once you've located the will, the next question is usually when probate is required for an estate — not all assets have to go through the court process, even with a valid will.

Next steps as executor?

If you are the executor, your first official step is to understand how to get letters of testamentary — the court-issued document that gives you legal authority to manage the estate's assets. Once you have legal authority to act, you'll typically need to set up an estate account — a dedicated bank account for the estate's assets and expenses during the administration process."

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